New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 660 - Tidal Wetlands-moratorium Permits
Section 660.3 - Petition for moratorium permit; determinations of non-applicability

(a) A petition for a moratorium permit shall be filed by the petitioner with the local tidal wetland permit administrator on forms provided by the department. Such petition shall set forth the purpose, character and extent of the proposed alteration of the state of the tidal wetlands or adjacent area, shall set forth with particularity the hardship of the petitioner and shall be accompanied by such maps, drawings, surveys and other information as may be required by the department. A petition shall not be deemed to be received until the local tidal wetland permit administrator determines that all such information has been supplied in a complete and satisfactory form.

(b) A petitioner shall be required, unless waived by the commissioner, to file with the petition an undertaking in an amount fixed by the local tidal wetland permit administrator to guarantee payment for the costs of the public hearing, including payment for a reporter and the costs of the department for a transcript of the hearing and for physical accommodations for the holding of the hearing if not in department facilities.

(c) The local tidal wetlands permit administrator may, on request of the petitioner or on his own motion, treat the petition as a request for a determination that the act does not apply to the work proposed in the petition. If he determines that the proposed work does not constitute an alteration or is on lands immediately adjacent to a tidal wetland which are not necessary to preserve in order to effectuate the policies and provisions of the act, he shall so notify the petitioner in writing. Any person may petition the commissioner for review of such determination.